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Patna High CourtCR. MISC./62622/2017bail granted

Md. Taufique @ Taufik And ANR v. The State Of Bihar

2018-01-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62622 of 2017 Arising Out of PS.Case No. -179 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Md. Taufique @ Taufik, Son of Md. Sattar, resident of Village- P.S.- Muhu, District- Mewad (Hariyana).

2. Md. Aavid, Son of Md. Hasnu, resident of village- Tuka, P.S.- Hatin, District- Panbal (Hariyana).

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Kumar Yadav For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 272, 273, 414 of Indian Penal Code and Section 30(a), 38, 47 of Bihar Prohibition and Excise Act, 2016. The prosecution case, in brief, is that huge quantity of wine is recovered from a Container truck in question. The petitioner is in custody since 24.08.2017. Charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that huge quantity of wine is recovered from a Container truck in question.

Patna High Court Cr.Misc. No.62622 of 2017 (2) dt.12-01-2018 2/2 The petitioners are driver and khalasi of the Container truck in question. The petitioners had no knowledge regarding the goods loaded by the transporter. There is no compliance of Section 100 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Samastipur, in connection with Bibhutipur P.S. Case No.179/2017. (Sudhir Singh, J) Amit/- U T